Kidney Donation Anti-Discrimination Act
The Kidney Donation Anti-Discrimination Act would make it unlawful for life insurance companies to treat someone differently in underwriting or policy terms simply because they are a living kidney donor. Insurers would have to base rates and coverage on actuarial risks that are unrelated to donation. The bill creates a private right of action, allowing individuals harmed by such discrimination to sue in federal court for damages and attorney’s fees. It also preserves any stronger state or local protections and provides specific definitions for what counts as a life insurance policy and a living kidney donor. Right now, the bill is introduced and referred to the House Committee on Financial Services; it has not become law. If enacted, it would provide federal protection against donor-based discrimination in life insurance and empower donors to pursue legal remedies in federal court.
Key Points
- 1Prohibits discrimination in life insurance underwriting and policy terms based solely on status as a living kidney donor, unless there is evidence of additional actuarial risks unrelated to donation.
- 2Applies to offering, issuance, cancellation, pricing, conditions of a policy, or the amount of coverage provided.
- 3Grants a private right of action in federal district court for damages and attorney’s fees to individuals harmed by violations.
- 4Conforms with a rule of construction that does not preempt stricter state or local laws protecting living kidney donors.
- 5Defines key terms: a life insurance policy is a contract paying a beneficiary upon the insured’s death; a living kidney donor is someone who donated a kidney and is alive.